DETAILED ACTION
This is in response to application filed on October 23rd, 2025 in which claims 1-22 were presented for examination, amended by preliminary amendment on 4/23/26 to present claims 1-6, 23-26 for examination.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-6) in the reply filed on 4/23/26 is acknowledged.
Drawings
The drawings are objected to for the following informalities:
Fig. 1A needs review whether “122” should read “120” and Fig. 1B needs review whether “120” should read “122”
[0004] “Fig. 1A…medial”; [0005] “Fig. 1B…lateral”; [0035] “Figs. 1A and 1B respectively schematically depict a medial view and a lateral view of an example article of footwear 100…medial side 120 and a lateral side 122”; as such, the specification consistently discloses Fig. 1A as a medial side 120, but Fig. 1A is labeled such that it is the lateral side 122 that is shown; as such, it is believed that the issue is a drawing objection, and not a specification objection
Similarly, the specification consistently discloses Fig. 1B as a lateral side 122, but Fig. 1B is labeled such that it is the medial side 120 that is shown
The drawings are further objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
Claim 25 “underfoot portion” is not in the Figures, and therefore the associated recitations
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
[0021] “stiches” should read “stitches”
[0056] “ends” needs review whether it means “strands”, since the figures are merely an excerpt without delineated ends; see 112(b) rejection below
[0058] review is needed whether “relative to” should read “within”, as opposed to “relative to/comparing with”
[0063] after “more ends of the low-melting yarn” add –423--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim(s) 4, 5 is/are rejected under U.S.C. 112(b).
The term “greater quantity of ends of the first yarn in the toe end of the forefoot region than in the forward end of the throat area” in Claim 4 is unclear and therefore renders the claim indefinite. A single yarn has two ends (starting end and ending end). As such, it is unclear how a yarn could have a greater quantity than another. It is unclear whether the term is meant to be interpreted as “strands”, such that there are a plurality of first yarns, or that there is a first yarn material for a plurality of first yarns.
The term “same quantity of ends of the second yarn in the toe end of the forefoot region and the forward end of the throat area” in Claim 5 is unclear and therefore renders the claim indefinite. A single yarn has two ends (starting end and ending end). As such, it is unclear how a yarn could have a greater quantity than another. It is unclear whether the term is meant to be interpreted as “strands”, such that there are a plurality of second yarns, or that there is a second yarn material for a plurality of second yarns.
Dependent claims are rejected at the least for depending on rejected claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
FIRST REJECTION: Claim(s) 1, 3, 6, 23-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Basa et al (USPN 12514334), herein Basa.
Regarding Claim 1, Basa teaches an article of footwear comprising an upper (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Figs. 1-3; Col. 3 Lines 12-13 "article of footwear 100 may include an upper 102"), the upper comprising:
a knit textile forming at least part of a forefoot region, a midfoot region, a lateral side, and a medial side (see Figs. 1-3; Col. 3 Lines 47-50 "At least a portion of the upper 102, and in some embodiments substantially the entirety of the upper 102, and in still further embodiments the entire upper, may be formed of at least one knitted component 132"; Col. 6 Lines 57-61 "The knitted component 132 may include a seamless portion extending from a toe area 125 of the forefoot area 124, through a midfoot area 120, and to a heel area 122 on at least one of a lateral side 106 and a medial side 108 of the upper");
a first area of the knit textile extending from a toe end of the forefoot region, through the forefoot region, and to a forward end of a throat area (see Fig. 2 for extent of 132; Col. 3 Line 26 "throat area 112"; Col. 4 Lines 64-67 "knitted component 132 may include at least one monofilament strand 150 formed of a first thermoplastic polymer material (e.g., polyurethanes, polyamides, polyolefins, and nylons)"),
the first area having a first visual property (the existence of 150 is a visual property),
and the first area further having a first concentration of a thermoplastic polymer material (150) in the toe end of the forefoot region that is greater than a second concentration of the thermoplastic polymer in the forward end of the throat area (for material-- Col. 4 Lines 64-67 "knitted component 132 may include at least one monofilament strand 150 formed of a first thermoplastic polymer material (e.g., polyurethanes, polyamides, polyolefins, and nylons)"; for concentration-- Col. 11 Lines 41-49 "a portion of the forefoot area 124 may be formed from a series of alternating courses that are formed from the monofilament strand 150 and the second yarn 144. Further, this portion of the forefoot area may be formed by knitting on every needle of a needle bed to form a full-gauge knit, or, alternatively, by knitting on less than every needle of the needle bed, such as knitting on every other needle of a needle bed (floating every needle in between), to form a half-gauge knit structure"; Col. 5 Lines 53-57 " knitted component 132 may also include ...second yarn 144...may be a multifilament high tenacity yarn"; Col. 6 Lines 1-3 "the high tenacity yarn...second yarn 144...may comprise a polyester yarn formed from polyethylene terephthalate (PET)"; wherein the alternating indicates a first concentration of 150 at forefoot greater than a second concentration of zero where 144 is, since alternating, at the throat area) and
a second area of the knit textile having a second visual property that is different than the first visual property (Col. 12 Lines 38-43 "the selection of the particular monofilament strand 150 and/or the particular second yarn 144 (including, for example, the denier, color, translucency or transparency, etc., of the monofilament strand 150 and/or the second yarn 144)"; Col. 4 Lines 35-37 "knitted component 132 may also provide desirable aesthetic characteristics by incorporating monofilament strands and/or yarns having different colors", wherein the existence of a second area with 144 is a visual property, wherein different colors indicate difference)
and (the second area) extending adjacent to the first area from the toe end of the forefoot region to the forward end of the throat area (see Fig. 2 for knit).
Regarding Claim 3, Basa further teaches the article of footwear of claim 1, wherein the first area has a third concentration of the thermoplastic material in a back end of the throat area that is greater than the second concentration of the thermoplastic polymer material in the forward end of the throat area (third concentration being a different 150 than the first concentration of 150 in the alternating, which is greater than the second concentration being zero).
Regarding Claim 6, Basa further teaches the article of footwear of claim 1, wherein the first area has a first stiffness in the toe end of the forefoot region and a second stiffness in the forward end of the throat area (first stiffness by a 144 in toe end; second stiffness by a 150 in throat area),
and wherein the first stiffness is greater than the second stiffness (Col. 6 Lines 4-7 "second yarn 144 may be a polyester yarn…tensile strength of about 2.0 kilogram-force"; Col. 5 Lines 15-17 "monofilament strand 150 may have…average tensile strength of about 1.17 Kgf"; wherein it is known in the art that tensile strength and stiffness are related, see extrinsic evidence Test Resources NPL).
Regarding Claim 23, Basa further teaches the article of footwear of claim 1, wherein the second area has a substantially consistent concentration of a thermoplastic polymer material from the toe end of the forefoot region to the forward end of the throat area (consistently alternating of 150 and therefore consistent concentration).
Regarding Claim 24, Basa further teaches the article of footwear of claim 1, wherein the first area extends from a biteline of the upper to the throat area (see Figs. 1, 2 for knit component 132 from biteline to throat; Col. 3 Lines 14-16 "upper 102 may include a lateral side 106 and a medial side 108. The area of the shoe where the sole structure 104 joins the upper 102 may be referred to as the biteline 110"; Col. 3 Line 26 "throat area 112").
Regarding Claim 25, Basa further teaches the article of footwear of claim 1, wherein the first area extends from an underfoot portion to the throat area (Col. 3 Lines 52-55 "underfoot portion…integrally formed with the upper 102 as a one-piece unitary structure"; as such, upper/knit component 132/first area has underfoot portion; see Fig. 2 for 132 to Col. 3 Line 26 "throat area 112")
and the thermoplastic polymer material transitions from a lower concentration proximate to the underfoot portion to a higher concentration proximate to the throat area (wherein the alternating indicates there is a lower concentration at underfoot (144) and a higher concentration at throat area (150)).
Regarding Claim 26, Basa further teaches the article of footwear of claim 1, wherein the first area has a third concentration in a back end of the throat area that is less than the second concentration in the forward end of the throat area (wherein the alternating indicates there is a lower concentration at back end of throat area (144) and a higher concentration at the forward end of throat area (150)).
SECOND REJECTION: Claim(s) 1, 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zavala et al (USPN 10299531), herein Zavala.
Regarding Claim 1, Zavala teaches an article of footwear comprising an upper (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; see Fig. 6; Col. 4 Lines 30-31 "footwear 100 may generally include a sole structure 110 and an upper 120"), the upper comprising:
a knit textile forming at least part of a forefoot region, a midfoot region, a lateral side, and a medial side (see Fig. 6; Col. 6 Lines 40-45 "upper 120 can be at least partially formed from a knitted component 130. Knitted component 130 …extend through forefoot region 101, midfoot region 102, and/or heel region…extend along lateral side 104, medial side 105")
a first area (214) of the knit textile extending from a toe end of the forefoot region, through the forefoot region, and to a forward end of a throat area (see Fig. 6; Col. 6 Lines 40-45 "upper 120 can be at least partially formed from a knitted component 130. Knitted component 130 …extend through forefoot region 101, midfoot region 102, and/or heel region…extend along lateral side 104, medial side 105"; Col. 7 Lines 5-7 “knitted component 130 can include…knitted component 150 and…knitted component 152”; Col. 8 Lines 20-21 “knitted component 150 can include a first zone 214, a second zone 216, and a third zone 218”),
the first area having a first visual property (existence of the area indicates a visual property),
and the first area further having a first concentration of a thermoplastic polymer material in the toe end of the forefoot region that is greater than a second concentration of the thermoplastic polymer in the forward end of the throat area (Col. 10 Lines 2-4 "first zones 214, 228 can be formed using a full-gauge knit and can include yarns made from thermoplastic polymeric material"; Col. 10 Lines 9-10 "these thermoplastic yarns can be absent from second and third zones 216, 230, 218, 232"; first concentration in 214, 228; second concentration (absent) in 216, 230, 218, 232; see Fig. 6 wherein 214 is in toe end/forefoot; forward end of throat area is 216); and
a second area (216) of the knit textile having a second visual property that is different than the first visual property (Col. 9 Lines 58-59 "each zone 214, 216, 218, 228, 230, 232 can have a different stitching pattern"; wherein different stitching pattern indicate different visual property)
and (the second area) extending adjacent to the first area from the toe end of the forefoot region to the forward end of the throat area (see Fig. 6; second area 216 extends as recited).
Regarding Claim 2, Zavala further teaches the article of footwear of claim 1, wherein the first area is joined to the second area through intarsia at least partially along a boundary between the first area and the second area (see Fig. 6 for boundary between first area 214 and second area 216; Col. 10 Lines 11-13 "yarns of each zone 214, 216, 218, 228, 230, 232 can be incorporated...through known intarsia knitting processes"; for joined -- Col. 7 Lines 5-6 "knitted component 130 can include a first knitted component or forward knitted component 150"; Col. 7 Lines 16-17 "forward knitted component 150 is formed of unitary knit construction").
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Basa et al (USPN 12514334), herein Basa.
Regarding Claim 4, Basa teaches all the claimed limitations as discussed above in Claim 1.
Basa further teaches wherein the first area comprises a first yarn (150) comprising the thermoplastic polymer material.
Basa at least suggests and wherein the first area has a greater quantity of ends of the first yarn in the toe end of the forefoot region than in the forward end of the throat area (Col. 10 Lines 56-60 "the number of the ends of the monofilament strands 150 and/or the number of ends of the second yarn 144 in each consecutive course may be varied as desired and/or needed and may be different among the courses to achieve desired properties, such as strength, stretch and durability").
Especially absent a showing of criticality with respect to the comparative quantity of ends ([00100]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Basa’s first area to have a greater quantity as there is a finite number of solutions (greater, lesser, or same) without unexpected results, criticality, or undue experimentation, depending on the desired properties (Col. 10 Lines 56-60).
Regarding Claim 5, modified Basa teaches all the claimed limitations as discussed above in Claim 4.
Basa further teaches wherein the second area comprises a second yarn (another instance of 150) comprising the thermoplastic polymer material.
Basa at least suggests and wherein the second area has the same quantity of ends of the second yarn in the toe end of the forefoot region and the forward end of the throat area (Col. 10 Lines 56-60 "the number of the ends of the monofilament strands 150 and/or the number of ends of the second yarn 144 in each consecutive course may be varied as desired and/or needed and may be different among the courses to achieve desired properties, such as strength, stretch and durability").
Especially absent a showing of criticality with respect to the comparative quantity of ends ([0057]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Basa’s first area to have a greater quantity as there is a finite number of solutions (greater, lesser, or same) without unexpected results, criticality, or undue experimentation, depending on the desired properties (Col. 10 Lines 56-60).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Portzline et al (US Publication 2011/0283560), Stein et al (USPN 12022908) directed to varying concentrations of thermoplastic material from a toe end to a heel end of a knit upper; Hutchinson (NPL) directed to stiffness and durometer being related; Bell et al (US Publication 2020/0297069) directed to an underfoot portion; Halbower-Fenton et al (USPN 11849804) directed to varying concentrations from a toe end to a heel end of a knit upper; Mokos (USPN 9351532), Sussmann (USPN 12245660), Carriero et al (USPN 11896076) directed to knit tensile strands providing varying concentrations from a toe end to a heel end of a knit upper; Larson et al (USPN 10863795) directed to varying hardness in an upper; Baranek et al (US Publication 2025/0049169), Adami et al (USPN 10458052), Adami et al (US Publication 2024/0260717), Berrian et al (US Publication 2025/0089840) directed to alternating patterns; McFarland II et al (USPN 11365494), Aceves Tinajero et al (USPN 12012675) directed to varying stiffness in an upper; Webster et al (USPN 12232564) directed to varying physical characteristics over an upper; Meschter et al (USPN 7870682) directed to varying concentration over an upper; Huffa et al (USPN 11168416) directed to varying density of knit strands in a knit upper; Overfield-Collins et al (USPN 2751771), Lonati et al (USPN 12077887), Filipescu et al (US Publication 2022/0151341) directed to intarsia for alternating patterns; Borealis (NPL) directed to EVA as thermoplastic polymer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm EST.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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